Madras High Court
M/S.Prp Exports vs The State Of Tamilnadu on 24 June, 2019
Author: Anita Sumanth
Bench: Anita Sumanth
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.06.2019
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.(MD)No.7290 to 7292 of 2008
and
M.P.(MD)No.1,1 and 1 of 2008
M/s.PRP Exports,
Therku Theru Village, Melur Taluk,
Madurai District. ... Petitioner in all petitions
Vs.
1.The State of TamilNadu,
Represented by the Secretary to Government,
Commercial Taxes Department &
Religious Endowments Department,
Fort St.George, Chennai – 9.
2.The Deputy Commissioner Tax Officer,
Melur Assessment Circle, Melur, Madurai District.
3.The Regional Transport Officer,
Madurai North, Madurai. ...Respondents in all petitions
COMMON PRAYER:- Writ Petitions - filed under Article 226 of the
Constitution of India, praying for the issuance of Writ of Mandamus,
directing the respondents their men, agents, subordinates from
levying and collecting Entry Tax under the provisions of the Tamil
Nadu Tax on Entry of Motor Vehicles into Local Areas Act, 1990 from
petitioner for registering JCB Backhoe Loader for use in the factory
http://www.judis.nic.in
2
from JCB India limited 23/7, Mathura Road, Ballabgarh Haryana,
vide invoice Nos. 9860010029, 9860010030, 9860010031 all dated
29.07.2008 bearing chassis No.1367601, 1367641, 1367643,
Engine No.4H 2271/0821441, 4H 2271/0821502, 4H
2271/0821521 respectively.
For Petitioner : Mr.Sribalaji
For Respondents : Mrs.J.Padmavathy Devi
Special Government Pleader
(in all petitions)
COMMON ORDER
These writ petitions seek Mandamus, directing the respondents to register the petitioners’ vehicles (JCB Backhoe Loader) purchased under three Invoices, all dated 29.07.2008, without collecting entry tax under the provisions of the Tamil Nadu Tax on Entry of Motor Vehicles into Local Areas Act, 1990 (in short ‘Act’).
2. The petitioner has raised several challenges to the levy of entry tax, per se and the writ petitions are styled more as a writ of declaration though, in conclusion, only mandamus is sought. http://www.judis.nic.in 3
3. The levy of entry tax has been the subject of challenge on various grounds and the Supreme Court, in a judgment rendered by a Nine Judges Bench in the case of Jindal Stainless Limited and another vs. State of Haryana and others [(2017) 12 STC 1] has settled most of the issues raised barring two relating to (i) whether the levies satisfy the test of whether the tax burden on imported goods and goods produced legally is not discriminatory but equal and (ii) whether the entire state could be notified as a local area.
4. Be that as it may, there can be no direction issued to the statutory authorities not to make an assessment, although any assessment framed would have to be in accordance with the provisions of the Act. Thus, these Writ Petitions are dismissed with no order as to costs.
5. Liberty is granted to the respondents to proceed with assessment strictly in line with the judgement of the Supreme Court in Jindal Stainless Steel (supra). The petitioner has been granted an interim injunction on 08.08.2008 conditional upon the http://www.judis.nic.in 4 petitioner remitting 15% of the tax in each case. The petitioner states that this order has been complied with. The refund of this amount shall be subject to assessments, as and when completed. Consequently, connected Miscellaneous Petitions are closed.
24.06.2019 Index :Yes/No Internet: Yes/No sm To
1.The Secretary to Government, Commercial Taxes Department & Religious Endowments Department, Fort St.George, Chennai – 9.
2.The Deputy Commissioner Tax Officer, Melur Assessment Circle, Melur, Madurai District.
3.The Regional Transport Officer, Madurai North, Madurai.
http://www.judis.nic.in 5 Dr.ANITA SUMANTH, J.
sm Common Order made in W.P.(MD)No.7290 to 7292 of 2008 Dated:
24.06.2019 http://www.judis.nic.in